Methodology for auditing the tax declaration on corporate income tax.  Income tax audit procedure Income tax tax audit methodology features

Methodology for auditing the tax declaration on corporate income tax. Income tax audit procedure Income tax tax audit methodology features

"Revisions and audits of financial and economic activity state (municipal) institutions", 2013, N 10

State (municipal) institutions are payers of income tax, if in the course of their financial and economic activities they have an object of taxation with this tax. According to Art. 247 of the Tax Code of the Russian Federation, the object of taxation on the profit of organizations is the profit received by the taxpayer. Profit is the income received, reduced by the amount of expenses incurred, which are determined in accordance with Ch. 25 of the Tax Code of the Russian Federation. The correctness of determining the taxable base, the calculation of income tax and its payment to the budget are the objects of verification. Organizations engaged in educational and (or) medical activities pay income tax at a rate of 0%, subject to a number of conditions, which is also an object of verification. What inspectors pay attention to when conducting control measures, we will tell in this article.

Verification of the calculation and payment of income tax is most often carried out by control authorities during on-site and desk tax audits. However, it can be carried out as part of activities internal control or external auditors (for example, auditors).

General provisions for verification

During tax audit reviewers review:

a) comparability of indicators tax return(calculation) with indicators of the tax declaration (calculation) of the previous reporting (tax) period;

b) correlation of the indicators of the tax declaration (calculation) being checked with the indicators of tax declarations (calculations) for other types of taxes and financial statements;

c) reliability of indicators of the tax declaration (calculation);

d) the timeliness of the submission of declarations to the tax authorities and the correct choice of the method of its submission (post, telecommunication channels).

We will talk about the subjects of the audit below, but first we note that during the audit, tax officials:

  • check the correctness of the reflection in the "RSB" card of the taxpayer accruals on the submitted tax returns;
  • analyze the protocol of disagreements based on the results of arithmetic control and the protocol of verification by control ratios, generated when entering the data of tax declarations (calculations) into the AIS "Tax" by the relevant department;
  • carry out control using QBE queries and analytical samples in order to compare the indicators of tax declarations (calculations) and financial statements and other data contained in information resources tax authority, information from external sources, correctness of calculation tax base, checking the validity of the application tax breaks, tax rates, as well as in order to verify the completeness of the submission of tax declarations (calculations), etc.;
  • form and summarize protocols for comparing the indicators of tax declarations (calculations) and financial statements and other data contained in the information resources of the tax authority, as well as information from external sources;
  • carry out line-by-line control of these tax declarations, if necessary, compare the indicators of the current declaration with those previously submitted, carry out the necessary tax control measures;
  • compare the indicators of declarations (calculations) and financial statements with indicators for similar taxpayers and with industry average indicators (possibly for previous periods), in case of a significant deviation, establish the cause of the discrepancies.

In order to verify the reliability of the indicators of the submitted tax declarations (calculations) in without fail data should be used, both available to the tax authority and obtained in the course of other tax control measures, including those requested during tax control measures both by the tax authority itself and on behalf of other tax authorities (Article 93.1 of the Tax Code of the Russian Federation).

Subject of control measures

As mentioned above, the check is carried out according to a certain system. Inspectors pay attention to "weak" moments. It is about them that will be discussed further.

Failure to submit, untimely submission of declarations to the tax authorities, submission of a declaration in an inapplicable form. First of all, controllers will check whether the tax declaration has been submitted to the tax authority, and if it has been submitted, in what time frame and in what form.

According to the norms of paragraph 1 of Art. 289 of the Tax Code of the Russian Federation, taxpayers, regardless of whether they have an obligation to pay tax and (or) advance payments of tax, the features of calculating and paying tax, are obliged, after each reporting and tax period, to submit to the tax authorities at their location and the location of each separate subdivision, unless otherwise provided for in paragraph 1 of Art. 289 of the Tax Code of the Russian Federation, tax returns. Paragraph 3 of Art. 289 of the Tax Code of the Russian Federation establishes that taxpayers (tax agents) submit tax returns ( tax calculations) no later than 28 calendar days from the date of the end of the relevant reporting period.

A tax declaration (calculation) may be submitted by a taxpayer (payer of a fee, tax agent) to the tax authority personally or through a representative, sent in the form of a postal item with a list of attachments or transmitted in electronic form via telecommunication channels.

The conditions under which taxpayers are required to submit tax returns (calculations) to the tax authority in accordance with established formats in electronic form are given in paragraph 3 of Art. 80 of the Tax Code of the Russian Federation, as well as in part of the second Tax Code of the Russian Federation.

In accordance with paragraph 4 of Art. 80 of the Tax Code of the Russian Federation, a tax authority is not entitled to refuse to accept a tax declaration (calculation) submitted by a taxpayer (payer of fees, tax agent) for prescribed form(established format) in cases not provided for by the Tax Code of the Russian Federation, including when the established method of submitting a tax return (calculation) is violated. At the request of the taxpayer (payer of the levy, tax agent), the tax authority is obliged to affix on the copy of the tax declaration (copy of the calculation) a mark of acceptance and the date of its receipt upon receipt of the tax declaration (calculation) on paper, or transfer to the taxpayer (payer of the levy, tax agent) a receipt on acceptance in electronic form - upon receipt of a tax declaration (calculation) via telecommunication channels.

In the event that a taxpayer submits a tax return after the deadline established by the legislation on taxes and fees, bringing the taxpayer to tax liability under paragraph 1 of Art. 119 of the Tax Code of the Russian Federation, is carried out only after a desk tax audit of this tax return. Based on the results of the audit, the tax amount can be confirmed (the amount according to the taxpayer's data) or a different amount of tax amounts payable (additional payment) on the basis of this declaration (the amount according to the tax authority) can be established.

Failure to comply with the procedure for submitting a tax return in electronic form, in cases where it is provided for by the Tax Code, entails tax liability established by Art. 119.1 of the Tax Code of the Russian Federation.

For reference. According to paragraph 3 of Art. 80 of the Tax Code of the Russian Federation, taxpayers whose average number of employees for the previous calendar year exceeds 100 people, as well as newly created (including during reorganization) organizations whose number of employees exceeds the specified limit, submit tax declarations (calculations) to the tax authority in accordance with established formats in electronic form, unless a different procedure for presenting information classified as a state secret is provided for by the legislation of the Russian Federation.

If in the course of an in-house tax audit facts are established that give reason to believe that the taxpayer has evaded paying taxes, while in the course of an in-house tax audit it is impossible to double-check these facts due to the restrictions established by the Tax Code of the Russian Federation, then information about this in the form of a memorandum signed of the head of the department are sent to the department, whose functions include analysis and planning of tax audits, to resolve the issue of conducting an on-site tax audit, and are also included in information resources.

Violations in filling out income tax returns. For example, the taxpayer reflected in Appendix 2 expenses in the form of the cost of purchased goods sold (line 070), but did not indicate in line 012 the proceeds received from the sale of purchased goods. The amount of tax and the tax base were calculated correctly by the taxpayer. Therefore, the correct amount of tax was transferred to the budget. Another example is filling title page, the taxpayer in the lines that indicate reporting year, instead of 2013, erroneously indicated 2012.

If it is found in the tax declaration filed with the tax authority (Article 81 of the Tax Code of the Russian Federation, Letter of the Federal Tax Service of Russia dated July 16, 2013 N AS-4-2 / ​​12705 "On recommendations for conducting desk tax audits"):

a) the fact of failure to reflect or incomplete reflection of information, as well as errors that lead to an underestimation of the amount of tax payable, the taxpayer is obliged to make the necessary changes to the tax return and submit an updated tax return to the tax authority ( duty submit an amended tax return);

b) false information, as well as errors that do not lead to an underestimation of the amount of tax payable, the taxpayer has the right to make the necessary changes to the tax return and submit an updated tax return to the tax authority ( right submit an amended tax return).

Both the taxpayer and external inspectors (tax authorities, auditors) can detect the fact of an error (erroneously presented information) in the declaration. It should be noted that the Tax Code of the Russian Federation does not provide for the right or obligation of the taxpayer to submit an updated tax return for violations identified by the tax authority.

In the Order of the Federal Tax Service of Russia dated March 22, 2012 N MMV-7-3 / [email protected]"On the Approval of the Form and Format for Submitting a Tax Return on Corporate Income Tax, the Procedure for Completing It" (and a number of other similar documents) expressly provides that when a taxpayer (tax agent) recalculates tax amounts, the results of tax audits conducted by the tax authority are not taken into account, for the tax period for which the taxpayer (tax agent) recalculates tax amounts. The results of tax audits are recorded in the decision to hold (refuse to hold) accountable for committing tax offense.

At the same time, the proposal to the taxpayer to make the necessary corrections in the accounting and tax accounting, indicated in the resolutive part of the decision to hold (refuse to hold) liable for committing a tax offense, does not mean that the taxpayer is obliged to submit revised tax returns, since tax returns do not belong to tax accounting documents, but are statements by the taxpayer about objects of taxation, on income received and expenses incurred, on sources of income, on the tax base, tax benefits, on the calculated amount of tax and (or) on other data that serve as the basis for the calculation and payment of specific taxes (clause 1, article 80 of the Tax Code of the Russian Federation). The tax authorities should take into account that the said offer to the taxpayer should not mean the submission of amended tax returns.

Verification of the amended tax return is carried out individually based on the content of the changes made to it. When conducting an audit of an updated tax return, changes are taken into account not only in the final indicator of the declaration, but also in other indicators of the declaration that affect the final amount of tax payable (or refundable) on the basis of this declaration.

It should be noted that if the audit of the tax declaration is carried out by the control authorities as part of the in-house tax audit, as a result of which errors in the tax declaration and (or) contradictions between the information contained in the submitted documents are revealed, or inconsistencies in the information provided by the taxpayer are revealed, information contained in documents held by the tax authority and obtained by it in the course of tax control, officials of the tax authority conducting an in-house tax audit perform the mandatory procedure provided for in paragraph 3 of Art. 88 of the Tax Code of the Russian Federation by sending a message to the taxpayer with a request to provide explanations or make changes. A notice is not sent to the taxpayer when errors, contradictions and inconsistencies in tax returns do not indicate signs of tax offenses.

In order to confirm the accuracy of the data reflected in the tax return, the taxpayer, together with explanations, has the right to additionally submit to the tax authority extracts from the tax and (or) accounting and (or) other documents confirming the accuracy of the data reflected in the tax declaration (calculation).

Comparison of indicators reflected in income tax declarations with declarations of other taxes. In the course of conducting an audit of the calculation of income tax, inspectors compare the indicators reflected in the declarations (calculations) for income tax with the indicators contained in the declarations for other taxes.

Example. The institution for 2013 prepared a tax return for income tax, which contains the following data:

  • proceeds from the sale of manufactured goods (works, services) and (or) purchased goods - 200,000 thousand rubles;
  • total costs associated with production and sales - 100,000 thousand rubles;
  • indirect taxes in total, including the amounts of taxes and fees assessed in the manner prescribed by the legislation of the Russian Federation on taxes and fees, with the exception of taxes listed in Art. 270 of the Tax Code of the Russian Federation, expenses for capital investments in accordance with par. 2 p. 9 Art. 258 of the Tax Code of the Russian Federation - 20,000 rubles;
  • tax base (taxable income) - 80,000 rubles. (200,000 - 100,000 - 20,000);
  • income tax - 16,000 rubles. (80,000 x 20%).

According to tax declarations for value added tax for the I, II, III and IV quarters, the sale of goods (works, services), the transfer of property rights at a rate of 18% amounted to 202,000 rubles.

There is a discrepancy between the amount of revenue indicated in the income tax return and the VAT return.

Thus, based on the results of the audit, it is concluded that the organization underestimated the profit from the sale of goods (works, services) in the amount of 2000 rubles. as a result of an arithmetic error.

In the course of the audit, other information available to the inspectors in relation to the institution in terms of the amounts of proceeds received and other income can be used: the results of raid, counter audits, information received from other regulatory authorities.

Verification of the correctness of the application of income tax rates. According to Art. 284 of the Tax Code of the Russian Federation, the income tax rate is set at 20%, except for the cases provided for in paragraphs 1.1 - 5.1 of Art. 284 of the Tax Code of the Russian Federation. Wherein:

  • the amount of tax calculated at a rate of 2% is credited to federal budget;
  • the amount of tax calculated at the rate of 18% is credited to the budgets of the constituent entities of the Russian Federation.

The rate of tax payable to the budgets of the subjects of the Russian Federation may be reduced by the laws of the subjects of the Russian Federation for taxpayers certain categories. At the same time, the specified tax rate cannot be lower than 13.5%, unless otherwise provided by Art. 284 of the Tax Code of the Russian Federation.

So, in relation to the tax base determined by organizations engaged in educational and (or) medical activities (with the exception of the one provided for in Article 284 of the Tax Code of the Russian Federation), a tax rate of 0% is applied, taking into account the features established by Art. 284.1 of the Tax Code of the Russian Federation.

As stated in Art. 284.1 of the Tax Code of the Russian Federation, for the purposes of applying this article, educational and medical activities are recognized as activities included in the List of types of educational and medical activities, established by the Decree Government of the Russian Federation of November 10, 2011 N 917 (hereinafter - the List). At the same time, activities related to sanatorium treatment do not apply to medical activities.

Organizations engaged in educational and (or) medical activities are entitled to apply a 0% tax rate if they meet the following conditions:

  1. if the organization has a license (licenses) to carry out educational and (or) medical activities, issued (issued) in accordance with the legislation of the Russian Federation;
  2. if the income of the organization for the tax period from the implementation of educational and (or) medical activities, as well as from the implementation of scientific research and (or) experimental design, taken into account when determining the tax base in accordance with this chapter, is at least 90% of its income, taken into account when determining the tax base, or if the organization for the tax period does not have income taken into account when determining the tax base.

If the organization simultaneously carries out educational and medical activities included in the List, to determine the percentage of income, the proceeds from educational and medical activities should be summed up (Letter of the Federal Tax Service of Russia dated February 21, 2012 N ED-4-3 / [email protected]"On the application of a tax rate of 0 percent"). The same Letter states that if an organization carries out both educational and medical activities included in the List, and at the same time, income from educational or medical activities separately is less than 90% of the income taken into account when determining the tax base for corporate income tax, the condition on the presence in the state of this organization of medical personnel with a certificate of a specialist, in the total number of employees continuously during the tax period, at least 50% must be met for the application of the 0% tax rate.

However, if the organization carries out both educational and medical activities, income from educational activities constitute at least 90% of its income taken into account when determining the tax base for corporate income tax, the fulfillment of the conditions established by paragraphs. 3 p. 3 art. 284.1 of the Tax Code of the Russian Federation, is not mandatory for the application of the 0% tax rate;

  1. if in the staff of an organization carrying out medical activities, the number of medical personnel with a certificate of a specialist in the total number of employees continuously during the tax period is at least 50%;
  2. if the organization continuously employs at least 15 employees during the tax period;
  3. if the organization fails to tax period transactions with bills and financial instruments urgent deals.

If organizations that switched to the application of the 0% tax rate fail to comply with at least one of these conditions from the beginning of the tax period in which the specified conditions were not observed, a tax rate of 20% is applied. In this case, the amount of tax is subject to recovery and payment to the budget in the prescribed manner with the payment of appropriate penalties accrued from the day following the established Art. 287 of the Tax Code of the Russian Federation on the day of tax payment (advance tax payment).

Thus, revealing the fact of non-compliance with one of the conditions of Art. 284.1 of the Tax Code of the Russian Federation, inspectors qualify this fact as a violation that leads to the payment of income tax, a fine and penalties for late payment of income tax.

T.Silvestrova

Editor in Chief

"Revisions and checks

financial and economic activities

state (municipal)

Control over the payment of income tax is exercised by the tax authorities in the course of in-house and on-site tax audits in accordance with common part tax code RB (Chapter 9 - Tax control); Decree of the President of the Republic of Belarus "On the improvement of control (supervisory) activities in the Republic of Belarus" No. 510 dated 16 October. 2009 and the Regulation on the procedure for organizing and conducting inspections under this decree.

Desk check income tax is carried out at the location of the tax authority on the basis of an examination of the income tax return and (or) other documents submitted by the payer (another obligated person) or received by the tax authority in accordance with the law, without issuing an order for its implementation.

Desk check installed:

* timeliness and completeness of submission of the income tax return;

* the correctness of registration of all the required details of the tax declaration (calculation), the clarity of their completion;

*correspondence of the details of the payer (other obligated person) specified in the tax declaration (calculation) with the data State Register payers (other obligated persons);

* compliance of the value of the indicator contained in the tax declaration (calculation) with the value of the corresponding indicator contained in another tax declaration (calculation), which are presented by the payer (other obligated person) for various taxes and other payments in reporting period;

* the correctness of the arithmetic calculation of the total amount of tax payable to the budget;

* compliance of the data contained in the submitted tax return (calculation) and the documents attached to it with other data available in tax authority documents and information about the activities of the inspected payer (other obliged person);

* reasonableness of the application by the payer (other obligated person) of tax rates and tax benefits;

*timeliness and completeness of income tax payment to the budget.

Exit tax income tax audit is carried out during a comprehensive audit. Prior to this review, preparatory work , during which the information of income tax returns is analyzed: the structure of the tax base, the applicable income tax rates, data on benefits, as well as tax deferral or payment of income tax through a tax credit.

At the preliminary stage, the types of activities carried out by the payer, the presence of foreign economic operations are clarified, the procedure for recognizing revenue in accounting, adopted in accounting policy; the previous acts of inspections are studied in order to familiarize themselves with the types of tax violations and the timeliness of the fulfillment of the requirements for their elimination is checked. In addition, studies regulations on the organization of economic activity and accounting, typical mistakes, identified by the tax authorities in the field of activity of the payer, answers and explanations sent to the payer to submitted requests, a selection of information is made in the databases available in the tax authority. Based on the preparatory work an inspection program is drawn up, an order for an inspection is issued. The inspected entity must be notified in writing of the appointment of a scheduled inspection no later than 10 working days before the start of the inspection.


On the initial stage conducting an on-site tax audit, the following is being studied: the system of organizing accounting and tax records of the audited payer, internal rules for documenting transactions and workflow, the procedure for maintaining accounting and tax registers, the peculiarities of maintaining accounting records, the procedure for reflecting revenue from the sale of goods (works, services, other values), especially the recognition of income and expenses from non-sales operations, specified in the accounting policy.

The audit includes the control of the following issues:

1. Correspondence of the data of accounting registers with the data of the General Ledger, balance sheet, tax return;

2. compliance with the data of the NU (if maintained) with the data of the BU;

3.correct execution of primary accounting documents;

4.correct determination of the cost of production and products sold, expenses for the sale of goods and other expenses;

5.correct reflection of proceeds from the sale of goods (products, works, services);

6. timeliness of reflection in the declaration of non-operating income and expenses;

7. the status of settlements with suppliers, buyers, other debtors and creditors and the validity of the formation, the availability and write-off of accounts receivable and accounts payable;

8. justification for the application of benefits;

9.correct calculation and completeness of income tax payment.

In accordance with the special part of the Tax Code of the Republic of Belarus, income tax is calculated from the VP subject to n / a = VP - LP. VP \u003d P from real. + Vnrd – Vrrr.

When checking the correctness of the calculation and payment of income tax, the reliability of the reflection of the tax base in the tax declaration is determined and its compliance with the data of accounting records, estimated adjustments for income tax, shipments (for which 60 days have passed from the date of shipment - if revenue is taken into account for payment). Data on revenue, income and expenses reflected in the tax return are reconciled with the BU data on accounts 90,91,92. To check the accuracy of the reflected data, the accounting registers (general ledger, journals, orders, machinograms) are reconciled with the data of primary documents (extracts from current accounts in Belarusian and foreign currencies, cash documents, invoices paid by buyers and other documents by selective or continuous method.

When checking revenue, you should pay attention to:

** When accounting for revenue from payment for shipped goods, work performed, services rendered, property rights transferred or from the shipment of goods, performance of work, provision of services, transfer of property rights (except for banks), the day of shipment of goods is recognized as the date of their release from the warehouse, carried out according to established order

** In case of gratuitous transfer of goods (works, services), property rights, the proceeds from their sale are reflected in the amount of at least the sum of the costs of their production or acquisition (performance, provision) and the costs of gratuitous transfer, and in case of gratuitous transfer of fixed assets and intangible assets- not less than them residual value and the cost of free transfer. Proceeds from sales, costs of production or acquisition (performance, provision), costs of gratuitous transfer are reflected in the reporting period in which goods are actually transferred (works are performed, services are rendered), property rights are transferred.

When checking the correctness of accounting for Vnrd. and Vnrr should check their composition for n/a purposes and the period in which they are reflected (determined on the basis of accounting and tax accounting documents and are reflected in the reporting period in which they are actually received by the payer or actually incurred:

*do not include dividends received from a source in the territory of the Republic of Belarus, but should be included from sources outside the Republic of Belarus

* the amount of accounts payable for which the deadlines have expired limitation period- reflected in the reporting period, which falls on the day following the day of expiration of the limitation period

* the value of the property accepted for accounting, which turned out to be in excess according to the results of the inventory - is reflected in the reporting period in which the property is subject to capitalization in the accounting of the organization

*income from operations for the lease of property - are reflected in the reporting period, which falls on the last day of each period established by the agreement, to which rent(leasing payment) for this delivery (transfer), but not earlier than the moment of actual delivery (transfer) of the leased (leasing) object to the lessee (lessee)

*positive sum differences arising from the repayment of receivables or payables are reflected in the reporting period on which the day of repayment of receivables or payables falls;

*positive and negative exchange differences arising from the revaluation of assets and liabilities, the value of which is expressed in foreign currency, determined in accordance with the procedure established by law and taking into account the adopted accounting policy (revaluation is carried out when National Bank Republic of Belarus courses foreign currencies on the date of the transaction, as well as on the date of preparation of financial statements for the reporting period)

* the amounts of shortages, losses and damage to assets, including those that occurred in excess of the natural loss, approved in the manner prescribed by law, if their perpetrators are not identified or the court refused to recover from them - are reflected in the reporting period to which the documents confirming that the perpetrators were not identified or the court refused to recover from them

*losses from write-offs accounts receivable for which the limitation period has expired - are reflected in the reporting period on which the day following the day of expiration of such periods falls

When checking the costs of production and sale of goods (works, services), property rights that are taken into account for taxation, one should control their composition, because. according to the Tax Code of the Republic of Belarus, there are costs that are not taken into account when n / a:

annual performance bonus

material aid

travel expenses incurred in excess of the norms

to pay for the cost of fuel and energy resources spent in excess of the limits communicated to organizations in the prescribed manner

production tax (withdrawal) natural resources over the established limits or without established limits

losses, damages from shortage of property and (or) its damage, which occurred in excess of the norms of natural loss, approved in the manner prescribed by law, if the court refused to recover these amounts due to improper accounting and storage material values, missing the statute of limitations or for other reasons depending on the organization

Verification checkpoints

Profit of the reporting period

Income Tax Benefits

Taxable income

Purpose of the audit

Verification of the reliability of the calculations made to determine the financial result

Verification of the reliability and completeness of calculations of indicators included in the taxable base

Verification of the reliability of taxes on other types of activities and the procedure for their transfer

Verification of the reliability of the accrual of deductions to funds and the completeness of posting to the relevant accounting accounts

Verification of the reliability of the availability of benefits for the enterprise by category

Verification of the correctness and reliability of the volume of taxable profit, the reality of the calculation of income tax and the completeness of its transfer to the budget

Information base

F. No. 2, statement of financial results

F. No. 2, report on financial results, business transactions on accounts 90, 91, 84, 99, etc.

Constituent documents and the charter of the enterprise in terms of the types of activities permitted by law; cost accounting journals by type of activity

Constituent documents and the charter of the enterprise, an estimate for the formation of the targeted use of funds

Tax legislation in terms of benefits provided; Appendix No. 8 "Calculation of tax from actual profit"

It is determined in different ways based on "Calculation of tax from actual profit", payment documents for advance payments, General ledger

Audit directions

Organizational and legal, financial analytical, confirming tax

confirming tax

tax

tax

tax

tax

The end of the table. 15.2

Components of the methodology audit

Verification checkpoints

Profit of the reporting period

Profit of the reporting period, adjusted for tax purposes

Profit and income taxed in a different order than the profit of the reporting period

Contributions to reserve and other funds

Income Tax Benefits

Taxable income

Receptions and procedures

Comparisons, comparisons

tracking

Documentary research, legal regulation, calculated, comparisons, comparisons

Documentary research, legal regulation, calculated, comparisons, comparisons

Regulatory, calculated, comparisons, comparisons

Regulatory, settlement, comparison

Possible violations

Hiding part of the profit

Understatement of profit, concealment of certain types of income, inclusion of unreasonable expenses in production costs

Concealment of profits received from other activities

Lack of records in the accounting registers on the formation of these funds, or attributed to other accounts

Lack of supporting documents for preferential taxation

Hiding part of taxable income

The practice of conducting audits of such descriptions indicates that documents of proper quality are not drawn up and there are often cases when decisions on write-offs are made by the chief accountant and the head of the enterprise, while the reasons for the formation of such debts are not investigated, the debts of enterprises are not confirmed by reconciliation acts, and an in-depth audit of such write-offs sometimes reveals cases of abuse, and sometimes theft of the MC, both by individual officials and groups of individuals. Quite often, fines paid that are not related to business contracts or are imposed on specific officials are related to the financial results of the organization, and not to the profit remaining at the disposal of the enterprise or the guilty persons. When writing off losses from natural disasters or other extreme cases, an inventory of damaged property is not carried out, and losses are written off according to established acts, and, as a rule, for such write-offs, documents from the relevant local authorities confirming the fact of a natural disaster that occurred in the area are not attached as justification .

When checking financial results the auditor must also check the correctness of the accrual and timeliness of contributions to the income tax budget, the correctness of the distribution of profits between the founders, the correctness of the formation of special funds. In addition to checking the accrual and payment of income tax, verification of compliance with the terms of its accrual and payment is carried out. The main thing in the work of the auditor is to determine the reliability of the calculation of the taxable base, confirmation of the correctness of the calculation of income tax and expenses incurred at the expense of profit after taxes and mandatory payments.

Article 313 of the Tax Code of the Russian Federation provides for a system for organizing tax accounting as follows: the use of data from accounting registers with the complete coincidence of accounting and tax accounting data); introduction of additional accounting registers (if the registers contain insufficient information to complete the declaration); maintenance of independent tax accounting registers. Most organizations use the second option, bringing accounting and tax accounting as close as possible, and where this is not possible, they introduce separate analytical accounts and use additional details in accounting registers. Auditors should assess the effectiveness of such an organization of tax accounting.

When forming an opinion on financial reporting The auditor must obtain and evaluate evidence on such qualitative aspects as existence, completeness, evaluation and measurement, classification, presentation and disclosure.

Table 1 - Evaluation of information on the qualitative aspects of reporting

Qualitative aspect of reporting

Evaluation of information

Existence

Income tax expense and tax liability to the budget, reflected in the financial statements, actually exist and relate to the audited reporting period

Income tax expense and tax liability to the budget are reflected in the financial statements in full

Evaluation (measurement)

The income tax expense and tax liability to the budget indicated in the financial statements are correctly calculated and truthfully reflect the performance of the organization

Classification

The organization's tax liability is correctly allocated to the current and deferred liabilities

Presentation and disclosure

The liability to pay and refund taxes, as well as the income tax expense, are correctly classified and disclosed in the financial statements with a sufficient level of detail

Auditors should study source documents and analytical registers tax accounting, reporting, annexes to the tax return, the accuracy of accounting and taxable profits, the correctness of the application of rates and benefits, the accuracy of adjusting accounting profits for tax purposes. At the same time, it should be borne in mind that tax accounting data should reflect the procedure for generating the amount of income and expenses, the procedure for calculating the share of expenses taken into account for tax purposes in the current tax (reporting) period, the amount of the balance of expenses (losses) to be charged to expenses in the following tax periods , the procedure for the formation of the amounts of created reserves, as well as the amount of debt for settlements with the budget for income tax.

Table 2 - Sources of formation of reporting information on income tax

Reporting rate

Reporting Form

The source of information

Profit calculated according to accounting rules

Report about incomes and material losses

Accounting registers

Profit calculated according to the rules tax legislation

Tax accounting registers

Current income tax expense

Report about incomes and material losses.

Registers of accounting and tax accounting

current liability or

income tax asset

Report about incomes and material losses

Accounting registers

Deferred tax liability or asset

Report about incomes and material losses

Accounting registers

At the first stage of the audit, it is necessary to evaluate the internal control system of the audited organization.

Table 3 - List of questions for assessing the system of internal control of income tax calculations

Test name

(question)

Auditor's findings

Does the enterprise have laws and regulations on the calculation and payment of income tax

The company needs

acquire legislative and regulatory acts on the calculation and payment of income tax

Does the company have an employee responsible for the correct calculation and payment of taxes

It is necessary to make an appropriate proposal for a change in staffing and job descriptions enterprises

Does the chief control

accountant correctness

tax calculations

It is necessary to find out who is entrusted with the implementation of control

Has an accounting

policy for tax purposes

Check the availability of an order on accounting policy for tax purposes.

Does the accounting policy for tax purposes reflect the method of determining the proceeds from the sale of goods, products, works, services. Are incomes recognized in the reporting (tax) period in which they occurred, regardless of actual receipts Money(accrual method)

It is necessary to check the definition of revenue for tax purposes in accordance with paragraph 1 of Art. 271 NKRF

Is the procedure for estimating reserves recorded in the accounting policy for the purposes of taxation of the enterprise material resources,

written off for production

It is necessary to check the actual procedure for estimating reserves and calculating the actual cost of material resources written off to production

Does the accounting policy for tax purposes reflect the procedure for calculating the depreciation of intangible assets

It is necessary to check the actual order of depreciation of intangible assets

Does the accounting policy for tax purposes establish the procedure for calculating depreciation on fixed assets

It is necessary to check the actual procedure for calculating depreciation on fixed assets

Does the accounting policy of the enterprise provide for the creation of reserves for future expenses and payments, in particular, a reserve for future expenses for vacation pay, a reserve for the payment of annual remuneration for long service, for warranty repairs and warranty service

It is necessary to verify the actual procedure for creating reserves for future expenses and payments and its compliance with Articles 224 and 267 of the Tax Code of the Russian Federation

Does the accounting policy of the enterprise reflect the method of accounting for the cost of repairing the OS

It is necessary to check the actual method of accounting for the costs of repairing the fixed assets and compliance with Art. 260 NKRF

Does the company have an estimate of hospitality expenses for the year

It is necessary to check the actual procedure for determining the amount of hospitality expenses

Does the enterprise have established norms and standards for travel and hospitality expenses, advertising expenses

It is necessary to check and adjust the actual amounts according to the established standards (Article 264 of the NKRF)

Is there a limit on the payment of compensation for the use of personal cars for business trips

It is necessary to check and adjust the actual amounts according to the established standards

Is there a procedure for writing off losses from the markdown of raw materials, materials, finished products and goods

It is necessary to check the actual write-off of losses

Is the value of gratuitously received property taken into account for tax purposes?

property from other companies

It is necessary to evaluate the value of property received free of charge at market prices

Is the procedure for maintaining tax accounting of depreciable property and operations with fixed assets defined?

It is necessary to determine the amount of losses from the sale of depreciable property and the number of months during which the amount of the loss must be included in the composition of non-operating expenses and the amount of expenses attributable to each month

Is the list of direct costs and the procedure for evaluating work in progress, finished product balances, goods shipped

Check the actual distribution of direct costs for the balance of work in progress, the balance of finished products, goods shipped in accordance with Article 319 of the Tax Code of the Russian Federation

Is the procedure for determining the costs of trading operations defined?

Check that the expenses of the current month are divided into direct and indirect. Direct costs include the purchase price of the goods and the amount of expenses for the delivery of the purchased goods to the warehouse of the buyer of the goods. All

the remaining expenses incurred in the current month are recognized as indirect expenses and reduce the income from the sale of the current month. Direct costs are allocated to the balance of goods in stock and to goods sold at an average percentage

Is there a loss carry forward?

Check the availability of documents confirming the loss in previous tax periods. Make sure that the total amount of the loss carried forward corresponds to the tax base calculated in accordance with article 274 of the NKRF (clause 2 of article 283 of the NKRF)

Are incomes and expenses determined on the basis of primary documents and tax accounting documents

Check the compliance of the definition of income with Art. 249, 250 and 251 of the Tax Code of the Russian Federation, expenses incurred art. 252,253-264, 270 of the Tax Code of the Russian Federation

Are income received in kind taken into account when determining the tax base based on the transaction price, taking into account the provisions of Art. 40 Tax Code of the Russian Federation

Check the actual definition of income for tax purposes

Is there a tax rate of 20%

Check the actual application of the tax rate, compliance with Art. 284 NKRF

Are the deadlines for paying taxes being met?

Check the procedure for calculating tax and advance payments in accordance with Art. 286 Tax Code of the Russian Federation

When auditing income tax, it is advisable to use regulatory documents, as well as data from primary documents, accounting and reporting registers.

Consistently executing the program, auditors check:

  • - correct reflection in accounting and reporting of actual profits (losses) from the sale of products (works, services);
  • - reliability of accounting data on the costs of production and sale of products (works, services), completeness and correctness of accounting for the actual costs of its production and sale and compliance with the procedure for accounting for costs for the production of finished products;
  • - reliability and legality of reflection in the financial statements of other income and expenses (non-operating for tax purposes);
  • - Correctness of income tax calculations.

Table 4 - Description of the audit procedures used and their results on the audit of taxable profits

List of audit

procedures

Scope of verification

The method of performing audit

procedures

results

Establishing the correctness of the reflection in the reporting of the actual

proceeds from sales of main products (works, services)

F. No. 2 of the annual report, General Ledger

(revolving balance sheet) on credit account. 90.1 for the reporting period

Verify data f. 2 with the data on the General Ledger (revolving balance sheet) on the loan account 90.1 and determine the amount of the discrepancy. The reconciliation results are reflected in the working document

The amount reflected in the General Ledger (revolving balance sheet) on the loan account. 90.1, corresponds to the amount received after the reduction in revenue from reporting form No. 2, for the amount of VAT and excises

Checking the correctness of the reporting of the actual costs for the production of sold products

F. No. 2 of the annual report, General ledger (revolving balance sheet), primary documents, accounting registers by debit c. 90 for the reporting period

They determine from the credit of which accounts expenses were debited to the debit of the accounts on which expenses are formed, as well as the timeliness and legality of their reflection in accounting and tax registers: journals, orders, books, statements. The reconciliation results are reflected in the working document

The amount reflected in the accounting registers corresponds to the data of f. No. 2 of the actual costs for the production of sold products (works, services)

The difference between income and expenses

These declarations correspond to the results

received from the recalculation

Checking the correctness of determining taxable income

from the sale of the main products (works, services)

F. No. 2 of the annual report, tax registers, income tax return (sheet 02)

Track the correctness of determining the amount of profit according to the tax registers and sheet 02 with the tax declaration attachments

There is no upward adjustment of profit by the amount of excess of the actual costs included in the cost of products (works, services) over the hospitality expenses established on the standards

Checking the correctness of determining profit from other sales

F. No. 2 of the annual report, General Ledger, (revolving balance), acts on the liquidation of fixed assets, act of acceptance and transfer of fixed assets,

PKO, other primary documents, bank statement and accounting registers on account 91 for the reporting period

The data reflected in f. No. 2 under the items "Other income" and "Other expenses" are compared with the data reflected on the account. 91. Correct data on income for the amount of VAT and other similar mandatory

payments

The data reflected in f. No. 2, correspond to the results obtained under account 91 with a corresponding adjustment for the amount of VAT and other obligatory payments

Checking the correctness of the reporting of profit (loss) from other operations

F. No. 2 of the annual report, General Ledger (reverse

balance sheet) and primary documents on the basis of which accounting records on debit and credit account 91

The data shown in f. No. 2 under the items "Other income" and "Other expenses" are compared with the data on the General Ledger on account 91. In the event of a difference, the amount of hidden taxation of income is determined. The reconciliation results are reflected in the working document

The data reflected in f. No. 2 correspond to the data of the General Ledger for credit and debit account 91

Verification of the correctness of the exclusion from taxable income of certain types of income in accordance with legislative acts

Targeted revenues Targeted financing, capital investments in the form of inseparable improvements to the leased property made by the tenant

Reconcile the data of accounting and tax accounting registers

Income in accounting corresponds to income in tax accounting registers

Checking the correctness of the calculation of income tax

income tax return

Verify the correctness of the calculation presented by the organization with the calculation obtained as a result of the check. The reconciliation results are reflected in the working document

These declarations correspond to the results of reconciliation

Verification of primary documents and records in accounting registers is carried out by a continuous method, in which all documents and records in accounting registers are checked. With the selective method, a part of the primary documents is checked in each month of the checked period. The method of checking individual transactions is determined by the auditor conducting the checks independently.

The reliability of financial and economic transactions is established by formal and arithmetic verification of documents or by using special methods of documentary control.

During a formal check, the correctness of filling in all the details of the documents is established; the presence of unspecified corrections, erasures, additions in the text and figures; authenticity of signatures of officials and financially responsible persons. During arithmetic verification, the correctness of the calculations in the documents is determined.

The reliability of business transactions reflected in the primary documents, if necessary, can be established by conducting cross-checks at enterprises with which the audited enterprise has economic ties.

Based on the primary documents, accounting registers, reporting data, the auditor, when determining the actual proceeds from the sale of the main products, checks in the following order:

  • 1. Reconciles the data reflected in the reporting form No. 2 under the item "Proceeds from sales of products (works, services) with the data on the General Ledger on the credit of account 90.1. total amount discrepancies should be the amount of value added tax, as well as the amount of excises. In cases of discrepancy between the amount reflected in the General Ledger on the credit of account 90.1, the amount received after reducing revenue by the amount of VAT and excises according to the reporting form No. 2, the auditor is obliged to identify the cause of the discrepancy and reflect this in the working documentation.
  • 2. Checks the data on the General Ledger with the data of the journal of order No. 11 (when maintaining a journal-order form of accounting) or with accounting registers reflecting the amount of sales of finished products (with a memorial form of accounting) on ​​the credit of account 90.1. After reconciling the reporting data and the data reflected in the accounting registers, the auditor proceeds to verify the correctness of registration of transactions for payment and shipment of finished products (works, services).

One of the main types of verification is a comparison of the amounts reflected in the credit of account 90.1 in the settlement documents presented to the customer and the amounts reflected in the accounting records in the debit of account 62 "Settlements with buyers and customers."

When auditing, the auditor must take into account the rules for recording transactions in accounting and the requirements of tax legislation. Income and expenses received according to accounting data common species activities are adjusted in accordance with the requirements of Ch. 25 of the Tax Code of the Russian Federation.

When performing work under a work contract that uses the customer's materials, the release of materials to the contractor from the customer is not considered as a sale.

Such contracts are qualified as contracts for the processing of tolling raw materials, i.e. raw materials accepted by the contractor without payment and not belonging to him. For the contractor, raw materials will be accounted for on the off-balance account 003 "Materials accepted for processing" and on account 90.1, for the customer its cost will not be reflected and will not be included in the taxable base.

In cases where the reflection in the debit of account 90.2 amounts without the presence of credit turnover, the auditor must determine the amount of indirect costs and make sure that only indirect costs are recognized for tax purposes and there is no income hidden from taxation.

The auditor needs to pay attention to the reflection in the accounting and taxation of property received free of charge. In accordance with paragraph 8 of Art. 250 of the Tax Code of the Russian Federation, the taxable profit of an enterprise is increased by the value of fixed assets received free of charge. Therefore, at the time of receipt of fixed assets, the amount of this cost should be recognized as income. But in accordance with paragraph 8 of PBU 9/99, the value of assets received free of charge is included in other income. First, the cost of fixed assets received free of charge is recorded in the debit of account 98 "Deferred income", then it is debited monthly from account 98 to the credit of account 91.1. In order to avoid double taxation, taxable income must be reduced by the amount of income, which is monthly debited from account 98 to the credit of account 91.1.

It should also be checked how the organization that pays for one of the activities single tax on imputed income, distributes general business and general production costs. It must allocate these revenues in proportion to the revenue generated from each activity.

In accordance with paragraph 21, current income tax is income tax for tax purposes, determined based on the amount of contingent expense (conditional income) adjusted for the amount of a permanent tax liability (asset), an increase or decrease in a deferred tax asset and a deferred tax liability of the reporting period.

In the absence of permanent differences, deductible temporary differences and taxable temporary differences that give rise to permanent tax liabilities (assets), deferred tax assets and deferred tax liabilities, the contingent income tax expense will be equal to current income tax.

By order of the Ministry of Finance of Russia dated July 22, 2003 No. 67n, the forms of financial statements were approved. To meet the requirements of PBU 18/02, special lines have been introduced in Form No. 2 to reflect tax assets and liabilities. Form No. 2 does not use permanent tax liabilities and the amount of contingent expense (income) for income tax, although they are reflected in account 99 "Profit and Loss" and, together with deferred tax assets and liabilities, are included in the calculation of income tax. The amount of income tax expense is formed in the income statement as a set of amounts reflected under the items "Deferred tax assets", "Deferred tax liabilities" and "Current income tax". The disclosure of these indicators in form No. 2 is provided for by clause 24 of PBU 18/02.

Form No. 2 income tax expense consists of current income tax, deferred tax assets and liabilities. Formula for determining net profit might look like this:

PE \u003d BPDN + SHE - IT - consumer goods,

where PE - net profit;

BPDN - accounting profit (loss) before tax;

SHE is a deferred tax asset;

IT - deferred tax liability;

TNP - current income tax.

The amounts of contingent expense and permanent tax liabilities and assets are included in the calculation of the net profit (loss) of the enterprise, although they are not in Form No. 2. These indicators are included in the current income tax.

When checking the correctness of filling out the report, it is necessary that the amount of the line "Net profit (loss)" of the reporting period correspond to the balance of account 99 at the end of the reporting period.

PBU 18/02 states that the current income tax is equal to the contingent expense (conditional income) increased by a permanent tax liability and a deferred tax asset and reduced by a permanent tax asset and a deferred tax liability:

TNP \u003d UR + PNO - PNA + SHE - IT.

If we make transformations in this formula, we get:

UR + PNO - PNA \u003d TNP - SHE + IT.

It follows from this equality that if we take contingent expense and permanent tax liabilities (assets) as income tax expense elements, then the amount of net profit will be the same as if we take current income tax as such elements , deferred tax assets and liabilities. Thus, the requirements of paragraph 24 of PBU 18/02 are met that the income statement must reflect permanent tax liabilities, deferred tax assets, deferred tax liabilities and current income tax. This also meets the requirements international standards financial reporting. Users of financial statements should see not the notional tax, but the real amount of income tax, deferred assets and tax liabilities that the organization has.

The most important part of an income tax audit is the verification of expenses. An effective and high-quality audit of income tax is possible only when the collected audit evidence allow with a high degree of confidence to express an opinion on the correctness of the calculation and the timeliness of accounting for expenses for tax purposes. The purpose of the tax audit of expenses is to verify the compliance of the applicable procedure for accounting for expenses with the requirements of tax legislation.

Expenses are subject to verification in the context of groups of expenses, accounting objects, with which the verification of the formation of expenses should begin. Tax audit of expenses should include three stages: verification of the legitimacy of the allocation of costs to expenses, verification of the validity and documentary evidence of expenses, verification of the timeliness of attributing amounts to expenses of the reporting (tax) period.

At the first stage, it is necessary to determine the compliance of expenses accepted for tax accounting with the list of expenses recognized as expenses for income tax purposes.

Ch. 25 of the Tax Code of the Russian Federation provides for an open list of expenses, which is due to the inability to provide for all expenses. At the same time, Art. 270 of the Tax Code of the Russian Federation provides for a list of expenses that are not taken into account for tax purposes. The first stage of the tax audit of expenses should be aimed at establishing the facts of the existence of such expenses and excluding them for the purposes of calculating corporate income tax.

The second stage is related to the verification of compliance with the requirements established by Art. 252 of the Tax Code of the Russian Federation and are mandatory for the recognition of costs as expenses. In accordance with the requirements of this article, expenses must be justified (economically justified), documented and made for the implementation of activities aimed at generating income. Economic justification is a fundamental point for assessing the legitimacy of attributing costs to expenses that reduce the taxable base for income tax.

A necessary component of an income tax audit is the verification of documented evidence of expenses incurred. Expenses not documented in primary documents cannot be recognized for income tax purposes.

Absence primary documentation to receive materials or goods and transfer them for further use may be a reason for refusing to recognize expenses.

Lack of documents threatens with sanctions for a gross violation of the rules for accounting for income, expenses and objects of taxation (Article 120 of the Tax Code of the Russian Federation): a fine for a single violation is 5,000 rubles, for a repeated violation - 15,000 rubles. If the absence of primary documents led to an underestimation of the tax base, the fine will be 10% of the amount of unpaid tax, but not less than 15,000 rubles. Therefore, the auditor needs to pay close attention to the primary accounting documents, which must not only be available, but also correctly filled out. The documents must have signatures of authorized persons that do not differ from the signatures of the same persons on other documents of the organization, a clear seal, if its presence is required. The document should not contain erasures, it should indicate the number and date of its compilation. An accountant needs to be attentive to the design of his internal and control of primary documents received from counterparties.

As long as the costs are not documented, they are not expenses for tax purposes. Documents are required to confirm the fact of expenses incurred, which is the condition for their inclusion in tax expenses. The main purpose of requiring documentary evidence is tax control. Primary documents are needed to make sure that the costs are real and that the tax base is calculated correctly. And this is possible if the documents are available from the organization, which, upon request, can present them. Expenses become expenses at the time of receipt of documents confirming them, therefore, even those expenses for which Art. 272 of the Tax Code of the Russian Federation establishes the moment of recognition as the date of signing of the primary document; it cannot be written off at the moment when the organization itself does not yet have the document. Art. 313 of the Tax Code of the Russian Federation obliges to calculate the tax base at the end of each reporting and tax period based on tax accounting data and establishes that tax accounting itself is "a system for summarizing information for determining the tax base for tax based on data from primary documents ...". Consequently, the tax base at the end of the period should be calculated on the basis of data from primary documents available at the time of calculation.

The Tax Code of the Russian Federation does not establish a list of documents that must be issued when performing expense transactions there are no special requirements for filling them out. In paragraph 1 of Art. 252 of the Tax Code of the Russian Federation since January 1, 2006, it is provided that in tax accounting costs can be included in the tax calculation if there are documents indirectly confirming them. For example, if no documents have been received from the counterparty, then a one-sided document can be considered a document drawn up in accordance with Russian legislation. Neither in 25 ch. The Tax Code of the Russian Federation, nor the Law "On Accounting" does not say that it is possible to confirm the purchase of goods, works or services only with bilateral documents. The law generally does not limit the range of documents that can be used to confirm business transactions, but only puts forward requirements for the list of details and form. It must be approved either by the statistical authority or accounting policy organizations. The possibility of drawing up a unilateral act is also recognized by the Civil Code of the Russian Federation, directly pointing to it in Art. 753 (it refers to a building contract).

Unilateral documents may be recognized by the auditor in the event that the document was received in the next tax period and the date of signing the document does not correspond to the time of the transaction. For example, the act of acceptance and transfer of work performed for the organization in December 2008 was signed by the parties only in March 2009. Tax officials may refuse to consider it a document drawn up in accordance with Russian law, which requires the preparation of a primary document at the time of the transaction, and if this is not possible, then immediately after its completion (clause 4, article 9 of the Law "On Accounting"). Therefore, such an act can serve only as an indirect confirmation of expenses, and a unilateral document drawn up following the results of the actual acceptance of the result of work in December 2008 will serve as the primary document.

As long as the costs are not documented, they are not expenses for income tax purposes. The Law "On Accounting" exempts organizations from the obligation to use unified forms of primary documents and allows them to develop forms of primary documents on their own.

The tax authorities have the right to demand from taxpayers both tax and accounting data (letter of the Ministry of Finance of Russia dated December 4, 2007 No. 03-02-07 / 1-468). The letter states that tax accounting is formed on the basis of primary accounting documents and information reflected in accounting registers. Consequently, to verify the correctness of the calculation, completeness and timeliness of tax payment, not only tax, but also accounting reports, accounting data are required. Auditors should pay attention to this as well.

Income tax audit is a complex and lengthy process. Auditors are constantly working on how to minimize audit time without compromising audit quality or increasing audit risk. One of the most effective ways to solve the problem is to develop procedures in the form of internal audit firm standards.

In our country, this method of control is relatively new, but rapidly developing.

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In the article we will talk about the audit of income tax, its features, goals and objectives that it solves, we will present the main methods and stages of this type of control.

General information:

Profit is the result of the activity of the enterprise, which is subject to a special tax.

This payment is transferred to the local and federal budget by all organizations located in Russia.

Income tax audit is a very responsible procedure. After all, thanks to this payment, the lion's share of the revenue part of the territory's budget is formed.

The auditor checks:

  • correct formation of the tax base for this tax;
  • the validity of the use of benefits;
  • controls the status of payments to the budget;
  • analyzes accounting methods;
  • conducts an audit of the correctness of tax calculation;
  • supervises the preparation of reports for the tax inspectorate.

The activities of audit companies are regulated (as amended on March 4, 2014) “On Auditing Activities”.

Goals

The purpose of an income tax audit is to confirm the correctness of calculations for this payment to the budget, timeliness of payment, completeness of the amount, compliance with the current legislation.

If we consider the scope of the audit by qualitative aspects:

Tasks

The auditor should review:

  • correctness of determination of tax rates and tax base;
  • order of conducting analytical and synthetic accounting settlements for this payment;
  • assessing the correctness of the calculation of the tax base in accordance with the norms established by law;
  • reflection in the financial statements of the amounts of deferred taxes;
  • timeliness of payment transfer to the budget.

Depending on the characteristics of the enterprise, the tasks for the audit can be expanded, supplemented with other items.

legality

The audit of income tax is regulated by the current legislation, namely the law of December 30, 2008 307-FZ.

Authorized federal agency executive power - the Ministry of Finance of the Russian Federation performs the functions of a regulator of the activities of auditors.

It is this state structure that develops and adopts normative legal acts, standards, establishes the procedure for the certification system, monitors compliance with the legislation by auditors.

Also, in the performance of their duties, the auditor is guided by the rules.

Aspects under verification

An audit of the calculation of income tax includes verification of the main documents of the enterprise:

  • , balance sheet, primary documentation, which is a confirmation of the income and expenses of the company.

In addition to the above items, the auditor analyzes the accounting registers for account No. 68, the sub-account “Calculations for income tax”.

Audit methodology in the enterprise:

All work of audit companies related to income tax is divided into three broad stages. Knowing about the features of each of them, the accounting department can carefully prepare and independently check the documents that are subject to verification.

So, the order of work is as follows:

  1. Introductory stage.
  2. Main stage.
  3. The final stage.

At each of them, specialists use certain methods that help to achieve a solution to all problems of income tax audit. Let's consider each in detail.

Introductory stage

This is the first stage from which the audit begins. Upon completion, the specialist must identify the degree of compliance with the current legislation of the taxation procedure used by the enterprise, identify the degree of potential tax violations.

The introductory stage includes the following procedures:

  • assessment of tax and accounting systems;
  • audit risk analysis;
  • budgeting the level of materiality;
  • study of the main factors that affect tax indicators;
  • study of the tasks and powers of employees involved in the calculation and payment of income tax;
  • assessment of the organization of workflow, which is adopted at the enterprise.

This is the audit plan at the first stage - an introductory one, that is, the auditor develops a strategy and tactics, determines the amount of work to be done.

The specialist collects and studies information about the activities of the audited enterprise, determines critical areas control.

The auditor analyzes non-standard transactions that took place during the period that came under the audit. For example, a change in the method of calculating tax, the emergence of new services in the organization.

main stage

The name suggests that this is the most important period of the audit.

At this stage, the auditor is engaged in an in-depth study and control of those areas of tax accounting in which problems, inconsistencies and inaccuracies were found, that is, shortcomings were identified, taking into account the significance level.

So, the specialist solves the following tasks:

  • examination tax reporting companies;
  • analysis of the correctness of determining the taxable base;
  • forecasting tax implications for an enterprise (this procedure is carried out if incorrect use of tax legislation standards is revealed).

Let us dwell in detail on the types of violations that a specialist can detect during an income tax audit.

The main mistakes are:

  • incorrect formation of the base, which is subject to taxation;
  • inclusion in the composition of expenses that are economically unjustified;
  • violation of the procedure for maintaining the accounting method that is adopted in the organization;
  • incorrect use of benefits;
  • errors in the calculation of tax deductions;
  • absence internal system, which exercises control over the accrual of income tax;
  • errors in mathematical calculations (arithmetic flaws).

It is clear that this stage is the longest and most important.

The auditor is required to have knowledge of tax legislation, the ability to analyze a variety of business transactions, to see through documents.

Photo: description of audit procedures (example)

The final stage

The last item, which includes the audit program, is the final stage of the work of auditors.

The audit is coming to an end, the specialist draws up the results of the income tax audit. The auditor draws up a package of documents and submits the result to the management of the organization.

In his opinion, he indicates the identified errors, violations, gives a general conclusion on the calculation of tax, gives recommendations and advice.

Emergence nuances:

An income tax audit is a complex job that should only be performed by highly qualified professionals.

The auditor must pay attention to the following nuances:

  1. Take into account and analyze all income and expenses, paying special attention to those of them, the share of which is the largest.
  2. Familiarize yourself with all the acts received from tax office for the period under review.
  3. Carefully check the correctness of determining the taxable turnover.
  4. Make sure that all amounts taken into account when calculating income tax correspond to accounting data.

A competent specialist owns all the information that is related to the audit of income tax. He will definitely take into account all the subtleties and nuances regarding this procedure.

Separately, it is worth noting the audit under the simplified tax system, which includes:

  • checking the accounting of fixed assets;
  • order of conduct;
  • control over the formation of the taxable base;
  • identification of income and expenses that are not taken into account when calculating the tax base;
  • timeliness and completeness of accrual and payment of income tax.

Example on an organization (LLC)

Consider an example of an income tax audit in a limited liability company "Team". This organization was founded in 1999.

The authorized capital is 10,000 rubles. The founders, who are employees of the company, are 4 people, each of them has equal shares of 25%.

Komanda LLC carries out activities related to wholesale and retail supplies of components for computer equipment.

Retail is carried out through outlet, wholesale through the wholesale department. There are 30 employees in the organization.

The main activity is wholesale trade, the share of which in the total sales volume is 85% in 2013.

The work of Komanda LLC is automated, there is a website on the Internet through which organizations promote their products. The company is actively developing, offering a wide range of products, expanding its area.

Wholesale trade LLC "Command" is on the general tax regime, retail on the payment of a single tax on imputed income.

A specialist who is appointed to conduct an audit of income tax, at the initial stage, studies and analyzes the following indicators:

  • accounting policy;
  • basic methods of accounting and tax accounting;
  • ways of storing documentation related to the activities of the company;
  • the procedure and timeliness of reflection in the accounting registers of business transactions;
  • critical areas of accounting.

During the audit, the compliance of the activities of Komanda LLC with the current legislation was checked.

The specialist found no violations. Then the auditor studied the specifics of the work and the adopted accounting system. The next stage is the definition of intraeconomic risk.

Based on the results of this work, the auditor gave an opinion that the company is not engaged in risky activities, does not conduct foreign economic operations, carries out wholesale and retail trade, does not have branches and subsidiaries.

Outcome - low level on-farm risk, amounting to 50%.

However, while evaluating the internal control system, the specialist noticed that there were no means of control in Komanda LLC.

Given the assessment of the accounting and internal control system, the auditor estimated the risk at 80%. This indicator indicates a low, insufficient system of internal control.

The specialist took the audit risk as 5%, respectively, the risk of non-detection is:

5% (50% * 80%) = 12,5%.

This indicator is low.

Then the auditor selectively checked the primary documents that Komanda LLC provides to its customers. The specialist did not find any errors.

The sections "Accounting for materials" and "Fixed assets" are also in order. There are no comments. The depreciation calculation is correct. All acts of reconciliation with suppliers are signed on both sides.

The only remark made by the auditor concerns the violation in the document OD 1 d (Appendix No. 7).

As a result, there were deviations in the cost of goods sold and direct costs of the trade organization, which is associated with the difference in tax and accounting.

No violations were found in the calculation and payment of income tax. All transactions are carried out in a timely manner, the declaration is submitted in in electronic format. The audit of the payment of the current tax also revealed no violations.

In conclusion, the auditor indicated that the identified error did not lead to an underestimation of the income tax base, recommended establishing an internal control system, and gave general advice on tax and accounting.

Common Mistakes in 2019

There are a lot of controversial points on the accrual and payment of income tax. To avoid misunderstandings, it is necessary to adhere to the current legislation, comply with established standards and requirements.

Knowing the laws will help you avoid mistakes related to income tax.

Bank income tax audit

Audit checks banking organizations– annual mandatory procedures.

The main goal is to control the state of financial and economic activities of credit institutions, obtain an opinion on the liquidity, profitability of the bank, assess the degree of risk of operations performed.

Such verification is carried out by auditors who have the appropriate license.

The conclusion obtained based on the results of the control is published jointly with annual report and balance sheet.

Specialists conducting a banking audit should know the specifics of the activities of banks, be able to analyze financial reports, including documents reflecting the accrual and payment of income tax.

The audit of the bank is carried out on the basis of a contract concluded between audit company and management of the lending institution.

AT this document the obligations and rights of the parties. On the basis of the audit, specialists develop recommendations in the interests of the founders of the bank.

Income tax audit solves many problems. Therefore, enterprises are recommended to enter into agreements with independent audit firms.